Legal Opinion

Claim of Griffin v. A. Roberson & Son

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1916PublishedCited by 22 opinions

Appeal by the defendants, A. Roberson & Son and another, from an award of the State Industrial Commission, entered in the office of the said Commission on the 14th day of June, 1916. John Griffin, the injured employee, was employed as a cutter by A. Roberson & Son, a corporation engaged in the business of manufacturing and mill work.

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Appeal by the defendants, A. Roberson & Son and another, from an award of the State Industrial Commission, entered in the office of the said Commission on the 14th day of June, 1916. John Griffin, the injured employee, was employed as a cutter by A. Roberson & Son, a corporation engaged in the business of manufacturing and mill work. The manner of his accident is described by the Commission in its award as follows: “ While John Griffin was working for his employer at his employer’s plant, and was engaged in carrying some stock to the racks where it was required to be placed, he passed a…

1Opinion of the Court

Cochrane, J.:

This case presents the inquiry as to whether a workman who in anger commits an assault upon a fellow-workman and as a result thereof receives an injury is within the protection of the Workmen’s Compensation Law (Consol. Laws, chap. 67; Laws of 1914, chap. 41). Unless such injury arose “out'of” the employment within the meaning of subdivision 7 of section 3 of the act, the claim cannot be sustained. (See § 10.)

Under the facts as found by the Commission, Griffin was the aggressor. He became angry over a slight and unimportant incident which the Commission has characterized as an…

2Cases cited4 opinions

  1. McNicol's CaseMassachusetts Supreme Judicial Court · 1913
  2. Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
  3. Claim of De Filippis v. FalkenbergAppellate Division of the Supreme Court of the State of New York · 1915
  4. Matter of Carbone v. . LoftNew York Court of Appeals · 1916

3Cited by22 opinions

  1. Claim of Verschleiser v. Joseph Stern & SonNew York Court of Appeals · 1920
  2. Jacquemin v. Turner & Seymour Manufacturing Co.Supreme Court of Connecticut · 1918
  3. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  4. Mazarredo v. LevineAppellate Division of the Supreme Court of the State of New York · 1948
  5. Farmers Manufacturing Co. v. WarfelSupreme Court of Virginia · 1926

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